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  • Essay / The problem of Sieyès' fundamental definitions - 1050

    The arguments in favor of Sieyès' thesis according to which law legitimately only concerns what all citizens have in common, and law does not target particular individuals, are based on a fundamental definition. It is the ability to discern who is part of the nation and who is not. Having shown that his arguments supporting his thesis rely on the ability to say who the nation is, I will then criticize his definition by arguing that it does not fully encapsulate the nation and is therefore ineffective as a definition. To achieve this, I will argue that its conception of the nation fails for two reasons: it excludes people from representation, and it cannot be independent due to its circular logic. In evaluating the definition, I will argue my thesis that due to the failure of Sieyès' definition of the nation, his arguments for his thesis are weakened. I will present his arguments to show how they rely on the definition. Sieyès affirms that privilege separates from the nation because it causes difference and inequality (Sieyès 100). An example of privilege is illustrated in the form of different legal and political rights. Inequality is problematic because it causes a diversion of the national will for the benefit of private interest. This difference makes the individual unfit to vote for the nation and estranged from it (Sieyès 154). Equality is therefore a prerequisite for being part of the nation. However, we must have a conception of the composition of the nation in order to be equal to something in particular and not privileged in comparison. A definition of the nation is therefore essential to this argument for equal treatment. Sieyès' explanation of why laws can only concern what is common also relies on the definition. Sieyès sees the...... middle of paper ......stops prejudice against individuals. Therefore, a clear and successful definition of nationhood is necessary. By examining two aspects that the definition must satisfy, without being a circular argument and representing the entire nation, several flaws become present in Sieyès' definition of the nation. Resolving the defect posed by a possible circular logic seems to require a completely different definition, while for the problem of unrepresented members, Sieyès must justify their exclusion, find another way of representing them or justify their right to vote. If these solutions were proposed, the definition of the nation would be superior to its current state and would make the justification of Sieyès' arguments for his thesis more feasible. Bibliography: Sieyès, Emmanuel. Political writings. Indianapolis: Hackett Publishing Company, 2003. 93-162. Print.